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2026-10-06 Home Front: Politix
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Federalist Highlights The Growth Of Lawfare
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[Federalist] The Jack Smith Operation Shows Lawfare Will Only Get Worse: Conservatives have yet to build the institutions, infrastructure, and legal capacity needed to counter lawfare before it destroys more lives.
Lawfare grows more dangerous with every operation. This week’s disclosures about Jack Smith’s operation show how far that machinery reached.
We already knew about Smith’s sweeping indictments of President Trump on flimsy charges and many of the operation’s other abuses, including the secret seizure of phone records from Republican lawmakers, the review of text messages involving 44 members of Congress, and subpoenas seeking records on at least 430 Republican individuals and entities. This week, we also found out that Smith’s team of lawfare operators spied on nearly 50 journalists, including Mollie Hemingway of The Federalist.
They seized copies of 4,782 checks written by Americans who donated to Trump and Republican groups, exposing donors’ names, home addresses, bank and routing numbers, and signatures. These were ordinary Americans dragged into the lawfare simply because they wrote a check to support a political candidate. Smith also swept up records of people who had run pro-Trump ads. The sheer extent of the intrusions and abuses is incredible.
We can get furious about each round of revelations, with every new disclosure producing another round of outrage. But the real lesson, and the far more frightening reality we have to grapple with, is that lawfare keeps getting more sophisticated and more vicious.
In many ways, this progression began in crude form in 2004, when 60 Minutes aired a false story about President George W. Bush’s service in the Texas Air National Guard. The broadcast relied on documents claiming Bush had received favorable treatment and failed to meet his obligations. Lawyer Harry MacDougald, a through-line in fighting lawfare over the years, exposed those documents as forgeries. Dan Rather, who ran the story, was ultimately forced to resign.
Perhaps not coincidentally, MacDougald now represents Jeff Clark, the former Trump administration assistant attorney general who became a prominent victim of the far more developed lawfare system that followed. Clark was targeted by the Jack Smith operation and by the ongoing campaign to strip him of his law license. And MacDougald himself has been pulled into the same machinery, with an ethics complaint targeting him over his legal work in election-related cases.
The 2004 operation was a political hoax, but it was not quite lawfare. It had some of lawfare’s common elements: fabricated evidence, a hoax laundered through a major media outlet that actively carried the attack, and the political objective of defeating its target (Bush). But the operation was crude, and its defining weapon was missing. The state’s investigative and prosecutorial power had not been turned against Bush or his associates to surveil them, prosecute them, bankrupt them, or imprison them.
By 2016, the method had become far more sophisticated. Russiagate became the origin of what we now know as lawfare. It began with a fabricated narrative, then built an entire operational ecosystem around it. Instead of simply laundering a false story through one 60 Minutes broadcast, the story was laundered through Christopher Steele, who received it from a firm hired by the Clinton campaign and repackaged it as a quasi-British intelligence product. Additionally, a made-up story about Trump communicating with Russia through Russia’s Alfa Bank was laundered through a team of purported computer scientists to give it a veneer of credibility. Those false narratives were then released through a whole network of media lawfare collaborators.
Most importantly, for the first time, the operation brought the legal and law enforcement machinery to bear. With the help of FBI Director James Comey and CIA Director John Brennan, the fabricated narrative became a federal operation, using investigations, surveillance warrants, leaks, and a special counsel to try first to defeat candidate Trump and, when that failed, to remove him from office. The operation targeted not just Trump, but the people around him. Campaign figures, advisers, associates, and people with only loose connections to Trump were dragged into the investigation. They faced legal bills, public smears, professional ruin, bankruptcy, and, in some cases, prison. The purpose was to isolate Trump, cripple his ability to govern, and make anyone who stood with him pay a price. It largely succeeded.
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Posted by NoMoreBS 2026-10-06 00:00||
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